IA219122012

Mr Muhammad Danish Ahmed is a citizen of Pakistan born on the 18 th April 1987. He was the Appellant before the First-tier Tribunal and it is convenient if I continue refer to him throughout as the Appellant for the remainder of this determination.

He had first entered the United Kingdom on 3 rd March 2008 with leave as a student and had subsequently been granted leave to remain as a student thereafter until 31 st July 2010. On 3 rd August 2010 he was granted further leave to remain as a Tier 4 (General) Student until 28 th June 2012.

On the 22 nd March 2012 he made a combined application for leave to remain in the United Kingdom as a Tier 1 (Post-Study Work) Migrant and for a biometric residence permit. The application was refused by the Secretary of State on 25 th September 2012 under paragraph 245FD and a decision was made to remove the Respondent by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.

However, in respect of the removal direction under Section 47 of the 2006 Act, the First-tier Tribunal Judge did not deal with this issue and did not state that that was an unlawful decision. Thus he dismissed the appeal under the Immigration Rules and on human rights grounds.

Following the promulgation of the determination, the Appellant sought permission to appeal. Permission was refused by Designated FTT Judge Manuell on the 9 th January 2013 but on 13 th February 2013 permission was granted by Upper Tribunal Judge Perkins.